264 So. 3d 648
La. Ct. App.2019Background
- On June 4, 2016 a car driven by DuJuan Johnson crashed into the front bedrooms of Jose and Irma Enriquez’s home; the vehicle was insured by Safeway and the accident was covered under that policy.
- State Farm (homeowner’s carrier) paid $10,201.24 for repairs, minus a $1,000 deductible which the parties stipulated Safeway would be responsible for.
- Repairs took about four months (Sept–Oct 2016 completion); plaintiffs remained living in the house during repairs but could not use the damaged rooms and boarded up the hole.
- Plaintiffs sued Safeway and driver; liability and policy limits were not in dispute at trial—only quantum. Trial court awarded: $1,000 (deductible), $6,750 each for loss of use, $13,500 each for inconvenience, and $3,500 each for mental anguish (total $48,500).
- Safeway appealed, arguing awards for loss of use and inconvenience were excessive, mental anguish was unsupported, and certain awards were misclassified under the policy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Loss of use (measure/amount) | Enriquez: limited use of house for four months warrants compensation (recovery not to exceed policy). | Safeway: plaintiffs did not rent substitute property; rooms used little; award excessive. | Affirmed: $6,750 each (total $13,500) for loss of use is within trial court discretion. |
| Inconvenience (amount) | Enriquez: prolonged inconvenience from living with damaged, partly opened house supports substantial award. | Safeway: award of $27,000 ($13,500 each) is excessive given $10,201 in repairs and four-month duration. | Amended: reduced to $5,000 each ($10,000 total) — $1,250 per plaintiff per month for four months. |
| Mental anguish ( entitlement ) | Enriquez: present in house at time of impact; claimed "trauma" from incident. | Safeway: no medical treatment, only ordinary worry/ inconvenience; insufficient proof of psychic trauma. | Reversed: no award for mental anguish—record shows only ordinary worry, not requisite psychic trauma. |
| Classification of damages (property vs general) | Enriquez: trial court classified some awards as general damages. | Safeway: argues awards should be property damage subject to $25,000 limit. | Not decided on merits (issue not properly preserved); unnecessary because amended total ($24,500) falls within property damage limit. |
Key Cases Cited
- Wainwright v. Fontenot, 774 So.2d 70 (La. 2000) (general principle: injured through another’s fault entitled to full indemnification).
- FIE, LLC v. New Jax Condo Ass'n, Inc., 241 So.3d 372 (La. App. 4 Cir. 2018) (measure and period for loss of use; rental value as normal measure).
- Thompson v. Simmons, 499 So.2d 517 (La. App. 2 Cir. 1986) (reduced award for inconvenience/loss of use where disruption was limited).
- Sierra v. American Alternative Ins. Corp., 147 So.3d 1125 (La. App. 1 Cir. 2014) (combined awards for loss of use, inconvenience, and mental anguish; used as comparative authority).
- Pollock v. Talco Midstream Assets, Ltd., 70 So.3d 835 (La. App. 2 Cir. 2011) (monthly awards for ongoing inconvenience/access loss; used to calibrate reasonable monthly inconvenience awards).
- Heard v. Affordable Movers, Inc., 917 So.2d 722 (La. App. 2 Cir. 2005) (distinguishing irreplaceable-loss distress from compensable psychic trauma).
- Demery v. City of Shreveport, 55 So.3d 37 (La. App. 2 Cir. 2010) (denial of mental anguish damages where only ordinary worry was shown).
- Wells v. Morgan Gas Co., 651 So.2d 951 (La. App. 2 Cir. 1995) (mental anguish award where plaintiff proved PTSD and severe trauma after house explosion).